Explanation
In response to the disruptive nature of the aggressive tactics employed by federal immigration enforcement officers, this ordinance is one of a package of policies intended to curb federal overreach and abusive enforcement practices. These policies reflect Council’s commitment to ensuring that Columbus is a place where people can feel safe going to work, opening businesses and investing in their future.
This particular ordinance amends Section 161.10 of the Columbus City Codes to prohibit City employees from holding secondary employment with the U.S. Customs and Border Protection and/or the U.S. Immigration and Customs Enforcement. The ordinance includes an exception for official duties, but due to other anticipated legislative actions, current department policies, and due to existing provisions of Section 161.10, these official duties would not include immigration enforcement activities.
Emergency Designation: Due to the timely nature of this issue in the Columbus community, emergency action is requested. Affirming these provisions in the City Codes will contribute to greater trust between residents and the Columbus Division of Police, which is essential for the protection of the public safety.
Title
To amend section 161.10 of the Columbus City Codes to prohibit City employees from holding secondary employment with certain federal agencies; to repeal existing section 161.10; and to declare any emergency.
Body
WHEREAS, Columbus is a welcoming city and is home to thousands of immigrants, refugees, and naturalized residents; and
WHEREAS, Columbus City Council has an obligation to enact policies that protect our residents as well as the employees of the City of Columbus; and
WHEREAS, section 161.10 expresses the City's policy of assuring that no city employees deny access to city services based on the immigration status of any person unless required by law or court order; and
WHEREAS, this ordinance is one of a package of policies intended to curb federal overreach and abusive enforcement practices in the area of immigration; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to prohibit secondary employment with U.S. Customs and Border Protection and with U.S. Immigration and Customs Enforcement, all for the preservation of the public health, peace, property, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 161.10 of the Columbus City Codes is hereby amended to read as follows:
161.10 - Denial of city services, misuse of city resources, and/or solicitation of information about immigration status.
A. Definitions. As used in this section:
1. "Public official" means any elected or appointed officer, or employee, or agent of the city whether in a temporary or permanent capacity.
2. "Public servant" means any person performing ad hoc a governmental function including without limitation a member of a temporary commission, master, arbitrator, advisor, or consultant.
B. No department, employee, public official, or public servant of the city of Columbus shall deny access to city services based on the immigration status of any person unless required by law or court order.
C. No department, employee, public official, or public servant of the city of Columbus shall solicit information about an applicant's immigration status in any application for city services unless required by law or court order.
D. No department, employee, public official, or public servant of the city of Columbus shall use city moneys, equipment, or personnel for the sole purpose of detecting or apprehending any person based on the person's suspected immigration status, except in response to a court order.
E. No department, employee, public official, or public servant of the city of Columbus shall request information about or otherwise investigate or assist in the investigation of a person's immigration status unless a warrant exists, a criminal violation was reported, or an arrest was made.
F. No employee of the City of Columbus shall hold secondary employment with the U.S. Customs and Border Protection and/or the U.S. Immigration and Customs Enforcement.
1. This provision does not apply to city personnel when secondary employment with the U.S. Customs and Border Protection and/or the U.S. Immigration and Customs Enforcement is necessary for conducting the employee’s official duties.
2. An employee found to be in violation of this provision will be subject to disciplinary action, up to and including termination.
SECTION 2. That existing Section 161.10 of the Columbus City Codes is hereby repealed.
SECTION 3. If any clause, sentence, paragraph, subdivision, section or part of this ordinance, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or its application to the person, individual, corporation, firm, partnership, entity, or circumstances directly involved in the controversy in which such judgment or order shall be rendered.
SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.